Manhattan Beach Municipal Code Ch. 11.24 Vesting Tentative Maps

The purpose of this chapter is to establish procedures for the implementation of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Subdivision Map Act of the State of California which provides for the approval of vesting tentative maps. Except as otherwise specifically provided by this chapter, the provisions of this title shall apply to the filing, processing and review of vesting tentative maps as said term is defined by Section 66424.5 of the Subdivision Map Act.

(§ 2, Ord. 1990, eff. December 3, 1998)

A vesting tentative map shall be consistent with the General Plan, any applicable specific plan, the zoning ordinance and any other applicable provision of this Code in effect at the time the map is approved or conditionally approved. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance, the City may approve the map conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 11.24.080(A) of this chapter, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved, for the time periods set forth in Section 11.24.080(C) of this chapter.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions of this chapter.

B. If a subdivider does not seek the rights conferred by Chapter 4.5 of Division 2 of Title 7 of the Subdivision Map Act and this chapter, the filing of a vesting tentative map shall not be prerequisite to any approval for any proposed subdivision, permit for construction or work preparatory to construction.

(§ 2, Ord. 1990, eff. December 3, 1998)

A vesting tentative map shall be filed in the same form, have the same contents, provide the same information and shall be processed in the same manner as set forth in this title for a tentative map except as hereinafter provided.

A. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

B. The application for a vesting tentative map shall describe the manner in which the subdivision is proposed to be developed, including but not limited to the height, size and location of all buildings and other improvements.

C. A vesting tentative map shall not be accepted for filing unless all other discretionary land approval applications, except for a site plan review application, are filed concurrently with such map.

D. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at the time of filing, such inconsistency shall be noted on the map.

(§ 2, Ord. 1990, eff. December 3, 1998)

Upon filing a vesting tentative map, the subdivider shall pay the fees as established by City resolution.

(§ 2, Ord. 1990, eff. December 3, 1998)

A vesting tentative map shall not be approved unless all other discretionary land approvals required for the proposed development have been obtained.

(§ 2, Ord. 1990, eff. December 3, 1998)

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by Section 11.12.040 of this title, for the expiration of the approval or conditional approval of a tentative map.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. Subject to the time limits established by subsection C of this section, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2. If Section 66474.2 of the Government Code is repealed, however, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

B. Notwithstanding subsection A of this section, a permit approval extension or entitlement may be made conditional or denied, even though such action may be contrary to the ordinances, policies and standards described in subsection A if any of the following are determined:

1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

2. The condition or denial is required in order to comply with state or federal law.

C. The rights referred to in subsection A of this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 11 .24.070 of this chapter. If the final map has timely approval, such rights shall exist for the following periods of time:

1. An initial time period of one (1) year after the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

2. The initial time period set forth in subsection (C)(1) of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for site plan review, if such processing exceeds thirty (30) days after the date a complete application is filed.

3. The subdivider may apply to the city for a one (1) year extension at any time before the expiration of the initial time period set forth in subsection (C)(1) of this section.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (C)(1) through (C)(3) of this section, the rights referred to herein shall continue to exist until the expiration of such permit, or any extension thereof granted pursuant to Section 11.12.040 of this title.

D. Consistent with subsection A of this section, an approved or conditionally approved vesting tentative map shall not limit the imposition of reasonable conditions on subsequent required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in the Subdivision Map Act.

(§ 2, Ord. 1990, eff. December 3, 1998)

If the ordinances, policies and standards described in the Subdivision Map Act are changed subsequent to the approval or conditional approval of a vesting map, the subdivider, or his or her assignee, at any time prior to the expiration of a vesting tentative map, may apply for an amendment to such map to secure a vested right to proceed with the changed ordinances, policies or standards. An application shall clearly specify the changed ordinances, policies or standards for which the amendment is sought. A public hearing shall be held by the Planning Commission pursuant to Section 11.12.020, Tentative map—Filing and review, of this title on any amendment involving a substantial modification to the subject subdivision or development related thereto. After such public hearing, the Planning Commission shall make a recommendation to the City on the proposed amendment. The City, after a public hearing, may approve, conditionally approve or disapprove the proposed amendment.

(§ 2, Ord. 1990, eff. December 3, 1998)

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies and standards described in Section 11.24.080(A) of this chapter, and the City may grant such approvals or issue such permits to the extent that the departures are authorized under applicable law.

(§ 2, Ord. 1990, eff. December 3, 1998)

The provisions of this chapter shall not be construed to prevent the City from conditionally approving or denying any permit, license or other entitlement for which is applied for by the subdivider after the approval of a vesting tentative map; provided, such conditional approval or denial is made in accordance with the ordinances, policies and standards described in Section 11.24.080(A) of this chapter.

(§ 2, Ord. 1990, eff. December 3, 1998)